Power of Sale

Learn how power of sale works in Canadian real estate, how it differs from foreclosure, and what borrowers and investors need to know about the process.

Power of Sale

May 22, 2025


What is Power of Sale?

Power of sale is a legal process used by lenders in several Canadian provinces to recover mortgage debt by selling a defaulting borrower’s property without going through the court system.

Why Power of Sale Matters in Real Estate

Common in Ontario and Nova Scotia, power of sale allows lenders to act more quickly than foreclosure. Once a borrower is in default, the lender can issue notice and, after a waiting period, sell the home to recover the debt.

Key features of power of sale:
  • Property is sold by the lender, not the court
  • Borrower may still owe any shortfall after the sale
  • Any surplus funds after debt and costs are paid go to the borrower

This process protects lender rights while offering transparency and oversight. Homeowners in power of sale should seek legal counsel promptly.

Understanding power of sale helps homeowners, investors, and agents navigate distressed property sales and lender recovery procedures.

Example of Power of Sale in Action

After a borrower defaults, their lender exercises power of sale, selling the property to recover the remaining loan balance and legal fees.

Key Takeaways

  • Enables lender to sell defaulted property.
  • Faster and less costly than foreclosure.
  • Common in Ontario and Nova Scotia.
  • Borrower may retain surplus after sale.
  • Governed by provincial statutes.

Related Terms

  • Foreclosure
  • Default
  • Mortgage Arrears
  • Distressed Property
  • Judicial Sale

Additional Terms

Public Realm Improvements

Public realm improvements are enhancements to public spaces such as sidewalks, parks, plazas, and streetscapes, often funded or contributed by. more

Mortgagee in Possession

A mortgagee in possession is a lender who takes control of a property after borrower default, but before foreclosure or power of sale. The lender. more

Lease Surrender Agreement

A lease surrender agreement is a negotiated contract between a landlord and tenant that ends a lease before its scheduled expiration. Terms may. more

Green Infrastructure

Green infrastructure refers to natural or engineered systems that manage stormwater, reduce heat, and improve sustainability in developments.. more

Escrow Holdback

An escrow holdback is a portion of funds withheld at closing and held in escrow until specific conditions are met, such as completion of repairs,. more

Underused Housing Tax

The Underused Housing Tax (UHT) is a federal annual 1% tax on the value of vacant or underused residential property owned by non-resident,. more

More For You

BILD: Single-Family Homes Lead GTA New Home Sales In July

BILD: Single-Family Homes Lead GTA New Home Sales In July
Toronto at dusk with city light and urban skyline with skyscrapers

There are two wolves inside the GTA's new home market, and for now, it's single family homes that are being fed.

According to the latest from BILD, single-family sales just posted their fourth consecutive month above the 10-year average. Condos, meanwhile, are still locked out of most of the benefit.

Keep ReadingShow less

The 18 Toronto Developments Supported By $2.7B Federal-City Partnership

The 18 Toronto Developments Supported By $2.7B Federal-City Partnership

The 37-storey tower set for 150 Queens Wharf Road in Toronto. (Toronto Community Housing Corporation)

Earlier this month, the Government of Canada and City of Toronto announced a $2.7 billion partnership that will advance 18 housing projects, which will together deliver over 5,600 new rental homes. Construction is set to begin on approximately 4,500 of those units by year’s end.

“In Toronto, thousands of new homes have already been planned, permitted, and approved, but lack the financing to begin construction,” said Prime Minister Mark Carney in a press release on August 5.

Keep ReadingShow less

Downtown Eastside Project Breaks Ground With Funding From Feds, BC Builds, UBC

Downtown Eastside Project Breaks Ground With Funding From Feds, BC Builds, UBC

The 11-storey building set for 315 Main Street (172 E Cordova Street) in the Downtown Eastside of Vancouver.

A new mixed-use development is now under construction in Vancouver’s Downtown Eastside, thanks in large part to funding and contributions from four different governments in conjunction with those from several other parties.

The project is set for 315 Main Street (also known as 172 East Cordova Street), a corner lot located at the southwest corner of the intersection of Main Street and East Cordova Street.

Keep ReadingShow less

City Of Toronto Breaks Ground On Dundas And Ossington Mass-Timber Rentals

City Of Toronto Breaks Ground On Dundas And Ossington Mass-Timber Rentals

1113–1125 Dundas St W at Dundas and Ossington, prior to construction (Google Maps)

A surface parking lot at Dundas Street West and Ossington Avenue is officially a construction site.

The City of Toronto, CreateTO and the federal government marked the start of construction at 1113–1125 Dundas Street West on Monday; the rent-controlled rental building rising at the intersection will bring 74 new homes to Trinity-Bellwoods.

Keep ReadingShow less

Medallion Breaks Ground On Oshawa's $188M-Backed Foundry District

Medallion Breaks Ground On Oshawa's $188M-Backed Foundry District

A rendering of the Foundry District masterplan community on the 23-acre former Fittings Factory site. (Courtesy of Medallion Corporation)

Medallion Corporation has broken ground on The Foundry District, a mixed-use rental community planned for a 23-acre former industrial site in downtown Oshawa.

For 85 years, the land was home to the Fittings Factory, a cast-iron works that employed hundreds of Oshawa residents. The plant closed in 1987, and the site has sat vacant for nearly four decades since.

Keep ReadingShow less

Inside The New Tool Helping Torontonians Rethink The Single-Family Home

Inside The New Tool Helping Torontonians Rethink The Single-Family Home

ReHousing Co-Founder Janna Levitt's five-unit condo in Harbord Village is an example of what's possible on a single-family lot. (LGA Architectural Partners)

In 2021, Michael Piper was confronted with the reality that he wasn’t going to be able to afford a home in Toronto. He describes his family as “solid middle class,” but even with two incomes, they weren’t a match for the housing market.

So they got inventive. With help from Piper’s in-laws, they purchased an east-end townhome and converted into a duplex. When his in-laws moved out, the unit became a rental. Today, they’re at the tail-end of a triplex conversion that will allow their university-aged daughter to have her own space in the home.

Keep ReadingShow less

Asia Standard Americas Proposes Third Condo Tower On Vancouver's Robson Street

Asia Standard Americas Proposes Third Condo Tower On Vancouver's Robson Street

The 20-storey tower proposed for 1394 Robson Street in Vancouver. (Arcadis, Asia Standard Americas)

With their two-tower Landmark On Robson project now complete, Asia Standard Americas — the North American subsidiary of publicly-traded Hong Kong-based developer Asia Standard International Group — now appears ready to add a third tower to the street.

Landmark On Robson — a 34-storey tower and a 32-storey tower with a total of 237 strata units — is located at 1400 Robson Street, making up the entire block between Nicola Street and Broughton Street in the West End of Vancouver.

Keep ReadingShow less

Insider: July’s Housing 'Balance' Came From Sellers Backing Away

Insider: July’s Housing 'Balance' Came From Sellers Backing Away

Real estate can squeeze a recovery story out of almost any positive decimal.

CREA went with “Canadian Home Sales Climb Again in July.” Fair enough. Seasonally adjusted sales edged 0.5% higher, the fourth consecutive monthly gain. After the year this market has had, four green months were always going to get the full press-release treatment.

Keep ReadingShow less
Privacy PolicyAbout UsTerms of UseAdvertise with UsJobsContact UsRSS Feed
All rights reserved SiteMedia © 2026.